TERMS OF USE

1. AGREEMENT TO TERMS

1. These Terms of Use constitute a legally binding agreement made between you (“you”) and Tata Medical and Diagnostics Limited (together with its subsidiaries, “we,” “us” or “our”), concerning your access to and use of the [www.tatamd.com] (including sub-domains and microsites), (hereinafter referred to as, the “Platform”). You agree that by accessing the Platform, you have read, understood, and agree to be bound by all of these Terms of Use. IF YOU DO NOT AGREE WITH ALL OF THESE TERMS AND CONDITIONS, THEN YOU ARE PROHIBITED FROM USING THE PLATFORM AND YOU MUST DISCONTINUE USE IMMEDIATELY.
2. These Terms of Use, read with the Privacy Policy, are an electronic record under the Information Technology Act, 2000, and the rules made thereunder and the amended provisions pertaining to electronic records under various Indian statutes and is enforceable against you under law by way of your acceptance hereof.
3. Supplemental terms and conditions or documents that may be posted on the Platform from time to time are hereby expressly incorporated herein by reference. We reserve the right, in our sole discretion, to make changes or modifications to these Terms of Use at any time and for any reason. We will alert you about any changes by updating the “Last updated” date of these Terms of Use and you waive any right to receive specific notice of each such change. It is your responsibility to periodically review these Terms of Use to stay informed of updates. You will be subject to and deemed to have been made aware of and to have accepted, the changes in any revised Terms of Use by your continued use of the Platform after the date such revised Terms are posted.
4. The information provided on the Platform is not intended for distribution to or use by any person or entity in any jurisdiction or country where such distribution or use would be contrary to law or regulation or which would subject us to any registration requirement within such jurisdiction or country. Accordingly, those persons who choose to access the Platform from other locations do so on their own initiative and are solely responsible for compliance with local laws, if and to the extent local laws are applicable.

2. MINORS AND OTHER RELATED PERSON

1. The Platform is intended for users who are at least 18 years old. Persons under the age of 18 are not permitted to use the Platform. We do not knowingly accept, request, or solicit information from children or knowingly market to children. In case, you are under 18 years of age, then you are required to take consent from your parents or guardian for using the Platform. If we receive actual knowledge that anyone under the age of 18 has provided personal information to us without consent from their parents or guardian, we will delete that information from the Platform as is reasonably practical.
2. If you use our Platform or avail services on behalf of someone else (such as your family members, friend or any other related person) or as an entity on behalf of your employees, you represent and warrant that you are authorised by such individual to (i) accept this terms of use on such individual’s behalf, and (ii) consent on behalf of such individual to our collection, use and disclosure of such individual’s information as described in this terms of use. You indemnify and hold us harmless from any claims which such individual may have against us.

3. SERVICES

1. We provide a broad range of services that are subject to these terms. Our services are designed to work together, making it easy for you to move from one activity to another. The permission we give you to use our services continues as long as you meet your responsibilities herein.

4. INTELLECTUAL PROPERTY RIGHTS

1. Unless otherwise indicated, the Platform is our proprietary property and all source code, databases, functionality, software, website designs, audio, video, text, photographs, and graphics on the Platform (collectively, the “Content”) and the trademarks, service marks, and logos contained therein (the “Marks”) are owned or controlled by us or licensed to us, and are protected by copyright and trademark laws and various other intellectual property rights of India, foreign jurisdictions and international conventions. The Content and the Marks are provided on the Platform “AS IS” for your information and personal use only. Except as expressly provided in these Terms of Use, no part of the Platform and no Content or Marks may be copied, reproduced, aggregated, republished, uploaded, posted, publicly displayed, encoded, translated, transmitted, distributed, sold, licensed, or otherwise exploited for any commercial purpose whatsoever, without our express prior written permission.

5. USER REPRESENTATIONS

1. By using the Platform, you represent and warrant that:
   • you have the legal capacity and you agree to comply with these Terms of Use;
   • you are not under the age of 18 or a minor in the jurisdiction in which you reside;
   • you will not access the Platform through automated or non-human means, whether through a bot, script or otherwise; and
   • you will not use the Platform for any illegal or unauthorized purpose.
2. If you provide any information that is untrue, inaccurate, not current, or incomplete, we have the right to suspend or terminate your access to and refuse any and all current or future use of the Platform (or any portion thereof).

6. PROHIBITED ACTIVITIES

1. You may not access or use the Platform for any purpose other than that for which we make the Platform available. The Platform may not be used in connection with any commercial endeavours except those that are specifically endorsed or approved by us.
2. As a user of the Platform, you agree not to:
   • systematically retrieve data or other content from the Platform to create or compile, directly or indirectly, a collection, compilation, database, or directory without written permission from us
   • use a buying agent or purchasing agent to make purchases on the Platform;
   • use the Platform to advertise or offer to sell goods and services;
   • circumvent, disable, or otherwise interfere with security-related features of the Platform, including features that prevent or restrict the use or copying of any Content or enforce limitations on the use of the Platform and/or the Content contained therein;
   • engage in unauthorized framing of or linking to the Platform;
   • trick, defraud, or mislead us and other users;
   • make improper use of our support services or submit false reports of abuse or misconduct;
   • engage in any automated use of the system, such as using scripts to send comments or messages, or using any data mining, robots, or similar data gathering and extraction tools;
   • interfere with, disrupt, or create an undue burden on the Platform or the networks or services connected to the Platform;
   • attempt to impersonate another user or person or use the username of another user;
   • use any information obtained from the Platform in order to harass, abuse, or harm another person;
   • use the Platform as part of any effort to compete with us or otherwise use the Platform and/or the Content for any revenue-generating endeavour or commercial enterprise;
   • decipher, decompile, disassemble, or reverse engineer any of the software comprising or in any way making up a part of the Platform;
   • attempt to bypass any measures of the Platform designed to prevent or restrict access to the Platform, or any portion of the Platform;
   • harass, annoy, intimidate, or threaten any of our employees or agents engaged in providing any portion of the Platform to you;
   • delete the copyright or other proprietary rights notice from any Content;
   • copy or adapt the Platform’s software;
   • upload or transmit (or attempt to upload or to transmit) viruses, Trojan horses, or other material, including excessive use of capital letters and spamming (continuous posting of repetitive text), that interferes with any party’s uninterrupted use and enjoyment of the Platform or modifies, impairs, disrupts, alters, or interferes with the use, features, functions, operation, or maintenance of the Platform;
   • upload or transmit (or attempt to upload or to transmit) any material that acts as a passive or active information collection or transmission mechanism, including without limitation, clear graphics interchange formats (“gifs”), 1×1 pixels, web bugs, cookies, or other similar devices (sometimes referred to as “spyware” or “passive collection mechanisms” or “pcms”);
   • except as may be the result of standard search engine or Internet browser usage, use, launch, develop, or distribute any automated system, including without limitation, any spider, robot, cheat utility, scraper, or offline reader that accesses the Platform, or using or launching any unauthorized script or other software;
   • disparage, tarnish, or otherwise harm, in our opinion, us and/or the Platform; or
   • use the Platform in a manner inconsistent with any applicable laws or regulations.

7. USER GENERATED CONTRIBUTIONS

1. [The Platform may invite you to chat, contribute to, or participate in blogs, message boards, online forums, and other functionality, and may provide you with the opportunity to create, submit, post, display, transmit, perform, publish, distribute, or broadcast content and materials to us or on the Platform, including but not limited to text, writings, video, audio, photographs, graphics, comments, suggestions, or personal information or other material (collectively, “Contributions”)]. Contributions may be viewable by other users of the Platform and through third-party websites. As such, any Contributions you transmit may be treated as non-confidential and non-proprietary. When you create or make available any Contributions, you thereby represent and warrant that:
   • the creation, distribution, transmission, public display, or performance, and the accessing, downloading, or copying of your Contributions do not and will not infringe the proprietary rights, including but not limited to the copyright, patent, trademark, trade secret or moral rights of any third party;
   • you are the creator and owner of or have the necessary licenses, rights, consents, releases, and permissions to use and to authorize us, the Platform, and other users of the Platform to use your Contributions in any manner contemplated by the Platform and these Terms of Use;
   • you have the written consent, release, and/or permission of each and every identifiable individual person in your Contributions to use the name or likeness of each and every such identifiable individual person to enable inclusion and use of your Contributions in any manner contemplated by the Platform and these Terms of Use;
   • your Contributions are not false, inaccurate, or misleading;
   • your Contributions are not unsolicited or unauthorized advertising, promotional materials, pyramid schemes, chain letters, spam, mass mailings, or other forms of solicitation;
   • your Contributions are not obscene, lewd, lascivious, filthy, violent, harassing, libellous, slanderous, or otherwise objectionable (as determined by us);
   • your Contributions do not ridicule, mock, disparage, intimidate, or abuse anyone;
   • your Contributions do not advocate the violent overthrow of any government or incite, encourage, or threaten physical harm against another;
   • your Contributions do not violate any applicable law, regulation, or rule;
   • your Contributions do not violate the privacy or publicity rights of any third party;
   • your Contributions do not contain any material that solicits personal information from anyone under the age of 18 or exploits people under the age of 18 in a sexual manner;
   • your Contributions do not violate any law concerning child pornography, or otherwise intended to protect the health or well-being of minors;
   • your Contributions do not include any offensive comments that are connected to race, national origin, gender, sexual preference or physical handicap;
   • your Contributions do not otherwise violate, or link to material that violates, any provision of these Terms of Use, or any applicable law or regulation.
2. Any use of the Platform in violation of the foregoing violates these Terms of Use and may result in, among other things, termination or suspension of your rights to use the Platform.

8. CONTRIBUTION LICENSE

1. By posting your Contributions to any part of the Platform, you automatically grant, and you represent and warrant that you have the right to grant, to us an unrestricted, unlimited, irrevocable, perpetual, non-exclusive, transferable, royalty-free, worldwide right, and license to host, use, copy, reproduce, disclose, sell, resell, publish, broadcast, retitle, archive, store, cache, publicly perform, publicly display, reformat, translate, transmit, excerpt (in whole or in part), and distribute such Contributions (including, without limitation, your image and voice) for any purpose, commercial, advertising, or otherwise, and to prepare derivative works of, or incorporate into other works, such Contributions, and grant and authorize sublicenses of the foregoing. The use and distribution may occur in any media formats and through any media channels.
2. This license will apply to any form, media, or technology now known or hereafter developed, and includes our use of your name, company name, and franchise name, as applicable, and any of the trademarks, service marks, trade names, logos, and personal and commercial images you provide. You waive all moral rights in your Contributions, and you warrant that moral rights have not otherwise been asserted in your Contributions.
3. We do not assert any ownership over your Contributions. You retain full ownership of all of your Contributions and any intellectual property rights, or other proprietary rights associated with your Contributions. We are not liable for any statements or representations in your Contributions provided by you in any area on the Platform. You are solely responsible for your Contributions to the Platform and you expressly agree to exonerate us from any and all responsibility and to refrain from any legal action against us regarding your Contributions.
4. We have the right, in our discretion, (1) to edit, redact, or otherwise change any Contributions; (2) to re-categorize any Contributions to place them in more appropriate locations on the Platform; and (3) to pre-screen or delete any Contributions at any time and for any reason, without notice. We have no obligation to monitor your Contributions.

9. SUBMISSIONS

1. You acknowledge and agree that any questions, comments, suggestions, ideas, feedback, or other information regarding the Platform (“Submissions”) provided by you to us are non-confidential and shall become our sole property. We shall own exclusive rights, including all intellectual property rights, and shall be entitled to the unrestricted use and dissemination of these Submissions for any lawful purpose, commercial or otherwise, without acknowledgment or compensation to you. You hereby waive all moral rights to any such Submissions, and you hereby warrant that any such Submissions are original with you or that you have the right to submit such Submissions. You agree there shall be no recourse against us for any alleged or actual infringement or misappropriation of any proprietary right in your Submissions.

10. THIRD-PARTY WEBSITES AND CONTENT

1. The Platform may contain (or you may be sent via the Platform) links to other websites (“Third-Party Websites”) as well as articles, photographs, text, graphics, pictures, designs, music, sound, video, information, applications, software, and other content or items belonging to or originating from third parties (“Third-Party Content”).
   • Such Third-Party Websites and Third-Party Content are not investigated, monitored, or checked for accuracy, appropriateness, or completeness by us, and we are not responsible for any Third-Party Websites accessed through the Platform or any Third-Party Content posted on, available through, or installed from the Platform, including the content, accuracy, offensiveness, opinions, reliability, privacy practices, or other policies of or contained in the Third-Party Websites or the Third-Party Content.
   • Inclusion of, linking to, or permitting the use or installation of any Third-Party Websites or any Third-Party Content does not imply approval or endorsement thereof by us.
   • If you decide to leave the Platform and access the Third-Party Websites or to use or install any Third-Party Content, you do so at your own risk, and you should be aware these Terms of Use no longer govern. You should review the applicable terms and policies, including privacy and data gathering practices, of any website to which you navigate from the Platform or relating to any applications you use or install from the Platform.
   • Any purchases you make through Third-Party Websites will be through other websites and from other companies, and we take no responsibility whatsoever in relation to such purchases which are exclusively between you and the applicable third party. You agree and acknowledge that we do not endorse the products or services offered on Third-Party Websites and you shall hold us harmless from any harm caused by your purchase of such products or services. Additionally, you shall hold us harmless from any losses sustained by you or harm caused to you relating to or resulting in any way from any Third-Party Content or any contact with Third-Party Websites.

11. PLATFORM MANAGEMENT

1. We reserve the right, but not the obligation, to:
   • monitor the Platform for violations of these Terms of Use;
   • take appropriate legal action against anyone who, in our sole discretion, violates the law or these Terms of Use, including without limitation, reporting such user to law enforcement authorities;
   • Store the trail of logins/logouts from the Platform so that an audit trail can be maintained for the purposes of security and compliance with applicable laws and these Terms of Use;
   • Provide, disclose or transfer any information and documents to any third parties including service providers, Partners to provide their services through the Platform;
   • Aggregate data available on the Platform, including but not limited to information, documents, resumes, records, reports, Content or reviews provided by you to create a repository, master file or any other aggregated data set of skills, trends, domain knowledge or user preferences for use of the same by us for any lawful purpose whatsoever;
   • Set up such payment systems on the Platform;
   • in our sole discretion and without limitation, refuse, restrict access to, limit the availability of, or disable (to the extent technologically feasible) any of your Contributions or any portion thereof;
   • in our sole discretion and without limitation, notice, or liability, to remove from the Platform or otherwise disable all files and content that are excessive in size or are in any way burdensome to our systems; and
   • otherwise manage the Platform in a manner designed to protect our rights and property and to facilitate the proper functioning of the Platform.

12. PRIVACY NOTICE AND DATA

1. We care about data privacy and security. Please review our Privacy Notice [CLICK HERE]. By using the Platform, you agree to be bound by our Privacy Notice, which is incorporated into these Terms of Use.
2. Please be advised the Platform is hosted in India. If you access the Platform from the European Union, United States, or any other region of the world with laws or other requirements governing personal data collection, use, or disclosure that differ from applicable laws in India, then through your continued use of the Platform or Services, you are transferring your data to India, and you expressly consent to have your data transferred to and processed in India.

13. COPYRIGHT INFRINGEMENTS

1. We respect the intellectual property rights of others. If you believe that any material available on or through the Platform infringes upon any copyright you own or control, please immediately notify us using the contact information provided below (a “Notification”). If you are not sure that material located on or linked to by the Platform infringes your copyright, you should consider first contacting an attorney.

14. TERM AND TERMINATION

1. These Terms of Use shall remain in full force and effect while you use the Platform. WITHOUT LIMITING ANY OTHER PROVISION OF THESE TERMS OF USE, WE RESERVE THE RIGHT TO, IN OUR DISCRETION AND WITHOUT NOTICE OR LIABILITY, DENY ACCESS TO AND USE OF THE PLATFORM (INCLUDING BLOCKING CERTAIN IP ADDRESSES), TO ANY PERSON FOR ANY REASON OR FOR NO REASON, INCLUDING WITHOUT LIMITATION FOR BREACH OF ANY REPRESENTATION, WARRANTY, OR COVENANT CONTAINED IN THESE TERMS OF USE OR OF ANY APPLICABLE LAW OR REGULATION. WE MAY TERMINATE YOUR USE OR PARTICIPATION IN THE PLATFORM AND ANY CONTENT OR INFORMATION THAT YOU POSTED AT ANY TIME, WITHOUT NOTICE, IN OUR DISCRETION.
2. If we terminate or suspend your use of the Platform for any reason, you are prohibited from further using the Platform you shall be prohibited from using the Platform through any fake identity, or by acting on behalf of the third party. In addition to terminating your use of the Platform, we reserve the right to take appropriate legal action, including without limitation pursuing civil, criminal, and injunctive redress.

15. MODIFICATIONS AND INTERRUPTIONS

1. We reserve the right to change, modify, or remove the contents of the Platform at any time or for any reason at our sole discretion without notice. However, we have no obligation to update any information on our Platform. We also reserve the right to modify or discontinue all or part of the Platform without notice at any time. We will not be liable to you or any third party for any modification, price change, suspension, or discontinuance of the Platform.
2. We cannot guarantee the Platform will be available at all times. We may experience hardware, software, or other problems or need to perform maintenance related to the Platform, resulting in interruptions, delays, or errors. We reserve the right to change, revise, update, suspend, discontinue, or otherwise modify the Platform at any time or for any reason without notice to you. You agree that we have no liability whatsoever for any loss, damage, or inconvenience caused by your inability to access or use the Platform during any downtime or discontinuance of the Platform. Nothing in these Terms of Use will be construed to obligate us to maintain and support the Platform or to supply any corrections, updates, or releases in connection therewith.

16. GOVERNING LAW

1. These Terms of Use and your use of the Platform are governed by and construed in accordance with the laws of India, without regard to its conflict of law principles.

17. DISPUTE RESOLUTION – ARBITRATION

1. To expedite resolution and control the cost of any dispute, controversy, or claim related to these Terms of Use (each a “Dispute”) brought by either you or us (individually, a “Party” and collectively, the “Parties”), the Parties agree to first attempt to negotiate any Dispute (except those Disputes expressly provided below) informally for at least ninety (90) days before initiating arbitration. Such informal negotiations commence upon written notice from one Party to the other Party.
2. If the Parties are unable to resolve a Dispute through informal negotiations, the Dispute (except those Disputes expressly excluded below) will be finally and exclusively resolved by binding arbitration in accordance with the Arbitration and Conciliation Act, 1996, as amended, and judgment upon the award rendered by the arbitrators may be entered in any court having jurisdiction thereof. Each Party shall nominate and appoint a competent arbitrator. The two nominee arbitrators shall jointly appoint the third arbitrator who shall be the chairman of the arbitration panel. The place of arbitration shall be Mumbai, and the arbitration proceedings shall be conducted in English language.
3. Application of the United Nations Convention on Contracts for the International Sale of Goods and the Uniform Computer Information Transaction Act (UCITA) are excluded from these Terms of Use.
4. Exceptions to Arbitration
5. The Parties agree that the following Disputes are not subject to the above provisions concerning binding arbitration:
   • any Disputes seeking to enforce or protect, or concerning the validity of, any of the intellectual property rights of a Party;
   • any Dispute related to, or arising from, allegations of theft, piracy, invasion of privacy, or unauthorized use; and
   • any claim for injunctive relief.
6. Subject to this clause 18, Disputes arising from or relating to this Platform shall be subject to the exclusive jurisdiction of courts at Mumbai, India.

18. CORRECTIONS

1. There may be information on the Platform that contains typographical and other errors, inaccuracies, or omissions that may relate to the Platform, including descriptions, pricing, availability and various other information. We reserve the right to correct any errors, inaccuracies, or omissions and to change or update the information on the Platform at any time, without prior notice.

19. DISCLAIMER

1. THE PLATFORM AND OUR SERVICES IS PROVIDED ON AN AS-IS AND AS-AVAILABLE BASIS. YOU AGREE THAT YOUR USE OF THE PLATFORM AND OUR SERVICES WILL BE AT YOUR SOLE RISK. TO THE FULLEST EXTENT PERMITTED BY LAW, WE DISCLAIM ALL WARRANTIES, MEDICO-LEGAL LIABILITY, EXPRESS OR IMPLIED, IN CONNECTION WITH THE PLATFORM, OUR SERVICES AND YOUR USE THEREOF, INCLUDING, WITHOUT LIMITATION, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT. WE MAKE NO WARRANTIES OR REPRESENTATIONS ABOUT THE ACCURACY OR COMPLETENESS OF THE PLATFORM’S CONTENT OR THE CONTENT OF ANY WEBSITES LINKED TO THIS PLATFORM AND WE WILL ASSUME NO LIABILITY OR RESPONSIBILITY FOR ANY (1) ERRORS, MISTAKES, OR INACCURACIES OF CONTENT AND MATERIALS, (2) PERSONAL INJURY OR PROPERTY DAMAGE, OF ANY NATURE WHATSOEVER, RESULTING FROM YOUR ACCESS TO AND USE OF THE PLATFORM OR OUR SERVICES, (3) ANY UNAUTHORIZED ACCESS TO OR USE OF OUR SECURE SERVERS AND/OR ANY AND ALL PERSONAL INFORMATION AND/OR FINANCIAL INFORMATION STORED THEREIN, (4) ANY INTERRUPTION OR CESSATION OF TRANSMISSION TO OR FROM THE PLATFORM, (5) ANY BUGS, VIRUSES, TROJAN HORSES, OR THE LIKE WHICH MAY BE TRANSMITTED TO OR THROUGH THE PLATFORM BY ANY THIRD PARTY, AND/OR (6) ANY ERRORS OR OMISSIONS IN ANY CONTENT AND MATERIALS OR FOR ANY LOSS OR DAMAGE OF ANY KIND INCURRED AS A RESULT OF THE USE OF ANY CONTENT POSTED, TRANSMITTED, OR OTHERWISE MADE AVAILABLE VIA THE PLATFORM. WE DO NOT WARRANT, ENDORSE, GUARANTEE, OR ASSUME RESPONSIBILITY FOR ANY PRODUCT OR SERVICE ADVERTISED OR OFFERED BY A THIRD PARTY THROUGH THE PLATFORM, ANY HYPERLINKED WEBSITE, OR ANY WEBSITE OR MOBILE APPLICATION FEATURED HEREIN, AND WE WILL NOT BE A PARTY TO OR IN ANY WAY BE RESPONSIBLE FOR MONITORING ANY TRANSACTION BETWEEN YOU AND ANY THIRD-PARTY PROVIDERS OF PRODUCTS OR SERVICES. AS WITH THE PURCHASE OF A PRODUCT OR SERVICE THROUGH ANY MEDIUM OR IN ANY ENVIRONMENT, YOU SHOULD USE YOUR BEST JUDGMENT AND EXERCISE CAUTION WHERE APPROPRIATE.
2. WE MAY PUBLISH MEDICAL INFORMATION ON THE PLATFORM WHICH SHALL BE MERELY INFORMATION AND NOT ADVICE. IF YOU NEED MEDICAL ADVICE, YOU SHOULD CONSULT A DOCTOR OR OTHER APPROPRIATE MEDICAL PROFESSIONAL. WE DO NOT GIVE ANY WARRANTY WITH RESPECT TO THE MEDICAL INFORMATION POSTED ON THE PLATFORM, AND THAT NO LIABILITY SHALL ACCRUE TO US IN THE EVENT THAT YOU SUFFER LOSS AS A RESULT OF RELIANCE UPON THE INFORMATION. THE MEDICAL INFORMATION PUBLISHED ON THE PLATFORM IS PROVIDED AS AN INFORMATION RESOURCE ONLY AND SHALL NOT TO BE USED OR RELIED ON FOR ANY DIAGNOSTIC OR TREATMENT PURPOSES. SUCH INFORMATION DOES NOT CREATE ANY PATIENT-PHYSICIAN RELATIONSHIP AND SHOULD NOT BE USED AS A SUBSTITUTE FOR PROFESSIONAL DIAGNOSIS AND TREATMENT. WE EXPRESSLY DISCLAIM RESPONSIBILITY, AND SHALL HAVE NO LIABILITY, FOR ANY DAMAGES, LOSS, INJURY, OR LIABILITY WHATSOEVER SUFFERED AS A RESULT OF YOUR RELIANCE ON THE INFORMATION CONTAINED ON THE PLATFORM. THE INFORMATION ON THE PLATFORM IS NOT INTENDED OR IMPLIED TO BE A SUBSTITUTE FOR PROFESSIONAL MEDICAL ADVICE, DIAGNOSIS OR TREATMENT. ALL CONTENT, INCLUDING TEXT, GRAPHICS, IMAGES, AND INFORMATION, CONTAINED ON OR AVAILABLE THROUGH THE PLATFORM ARE FOR GENERAL INFORMATION PURPOSES ONLY. WE MAKE NO REPRESENTATION AND ASSUME NO RESPONSIBILITY FOR THE ACCURACY OF INFORMATION CONTAINED ON OR AVAILABLE THROUGH THE PLATFORM, AND SUCH INFORMATION IS SUBJECT TO CHANGE WITHOUT NOTICE.

20. LIMITATION OF LIABILITY

1. IN NO EVENT WILL WE OR OUR DIRECTORS, EMPLOYEES, OR AGENTS BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY DIRECT, INDIRECT, CONSEQUENTIAL, EXEMPLARY, INCIDENTAL, SPECIAL, OR PUNITIVE DAMAGES, INCLUDING LOST PROFIT, LOST REVENUE, LOSS OF DATA, OR OTHER DAMAGES ARISING FROM ANY (I) ACCESS TO OR USE OF THE PLATFORM; (II) ERRORS, MISTAKES, OR INACCURACIES OF DATA, MARKS, CONTENT, INFORMATION, MATERIALS OR SUBSTANCE OF THE PLATFORM OR CONTENT; (III) ANY UNAUTHORIZED ACCESS TO OR USE OF OUR SECURE SERVERS AND/OR ANY AND ALL PERSONAL INFORMATION AND/OR FINANCIAL INFORMATION STORED THEREIN; (IV) ANY BUGS, VIRUSES, TROJAN HORSES, OR THE LIKE WHICH MAY BE TRANSMITTED TO OR THROUGH THE PLATFORM BY ANY THIRD PARTY; (V) ANY INTERRUPTION OR CESSATION OF TRANSMISSION TO OR FROM THE PLATFORM; (VI) ANY ERRORS OR OMISSIONS IN ANY DATA, CONTENT, INFORMATION, MATERIALS OR SUBSTANCE OF THE PLATFORM OR CONTENT; (VIII) ANY DEFAMATORY, OFFENSIVE, OR ILLEGAL CONDUCT OF ANY THIRD PARTY OR USER; OR (IX) USE OF ANY DATA, MARKS, CONTENT, INFORMATION, MATERIALS OR SUBSTANCE OF THE PLATFORM OR CONTENT POSTED, EMAILED, TRANSMITTED, OR OTHERWISE MADE AVAILABLE ON OR THROUGH THE PLATFORM, WHETHER BASED ON WARRANTY, CONTRACT, TORT (INCLUDING NEGLIGENCE), OR ANY OTHER LEGAL THEORY, AND WHETHER OR NOT WE ARE ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. THE FOREGOING LIMITATION OF LIABILITY SHALL APPLY TO THE FULLEST EXTENT PERMITTED BY LAW IN THE APPLICABLE JURISDICTION.
2. IN NO EVENT SHALL OUR OR OUR DIRECTORS, EMPLOYEES, OR AGENTS TOTAL AGGREGATE LIABILITY ARISING FROM OR RELATING TO THE PLATFORM, AND/OR CONTENT, EXCEED THE TOTAL AMOUNT OF FEES ACTUALLY PAID TO US BY YOU WITH RESPECT TO THE SERVICE UNDER WHICH SUCH LIABILITY AROSE

21. INDEMNIFICATION

1. You agree to defend, indemnify, and hold us harmless, including our subsidiaries, affiliates, and all of our respective officers, agents, partners, and employees, from and against any loss, damage, liability, claim, or demand, including reasonable attorneys’ fees and expenses, made by any third party due to or arising out of:
   • your Contributions;
   • use of the Platform;
   • breach of these Terms of Use;
   • any breach of your representations and warranties set forth in these Terms of Use;
   • your violation of the rights of a third party, including but not limited to intellectual property rights; or
   • any overt harmful act toward any other user of the Platform with whom you connected via the Platform. Notwithstanding the foregoing, we reserve the right, at your expense, to assume the exclusive defense and control of any matter for which you are required to indemnify us, and you agree to cooperate, at your expense, with our defines of such claims. We will use reasonable efforts to notify you of any such claim, action, or proceeding which is subject to this indemnification upon becoming aware of it.
2. IN NO EVENT SHALL OUR OR OUR DIRECTORS, EMPLOYEES, OR AGENTS TOTAL AGGREGATE LIABILITY ARISING FROM OR RELATING TO THE PLATFORM, AND/OR CONTENT, EXCEED THE TOTAL AMOUNT OF FEES ACTUALLY PAID TO US BY YOU WITH RESPECT TO THE SERVICE UNDER WHICH SUCH LIABILITY AROSE

22. ELECTRONIC COMMUNICATIONS, TRANSACTIONS, AND SIGNATURES

1. Visiting the Platform, sending us emails, and completing online forms constitute electronic communications. You agree that all agreements, notices, disclosures, and other communications we provide to you electronically, via email and on the Platform, satisfy any legal requirement that such communication be in writing. YOU HEREBY AGREE TO THE USE OF ELECTRONIC SIGNATURES, CONTRACTS, ORDERS, AND OTHER RECORDS, AND TO ELECTRONIC DELIVERY OF NOTICES, POLICIES, AND RECORDS OF TRANSACTIONS INITIATED OR COMPLETED BY US OR VIA THE PLATFORM, SUBJECT TO APPLICABLE LAW.

23. MISCELLANEOUS

1. These Terms of Use and any policies or operating rules posted by us on the Platform constitute the entire agreement and understanding between you and us. Our failure to exercise or enforce any right or provision of these Terms of Use shall not operate as a waiver of such right or provision. These Terms of Use operate to the fullest extent permissible by law.
2. We may assign any or all of our rights and obligations to others at any time.
3. You agree that, except as otherwise expressly provided in the Terms of Use, there shall be no third-party beneficiaries to the Terms of Use.
4. We shall not be responsible or liable for any loss, damage, delay, or failure to act caused by any cause beyond our reasonable control.
5. If any provision or part of a provision of these Terms of Use is determined to be unlawful, void, or unenforceable, that provision or part of the provision is deemed severable from these Terms of Use and does not affect the validity and enforceability of any remaining provisions.
6. There is no joint venture, partnership, employment or agency relationship created between you and us as a result of these Terms of Use or use of the Platform.
7. You agree that these Terms of Use will not be construed against us by virtue of having drafted them.
8. Subject to applicable law, you hereby waive any and all defenses you may have based on the electronic form of these Terms of Use and the lack of signing by the parties hereto to execute these Terms of Use.

24. CONTACT US

1. In order to resolve a complaint regarding the Platform or to receive further information regarding use of the Platform, please contact us at dpr@tatamd.com and for any feedback please write to us at feedback@tatamd.com